For the following:

  • a general report;
  • an investigation report made to the Speaker or Deputy Speaker;
  • a public inquiry report;
  • a report to the Assembly concerning a referral;
  • a report concerning recommendations; or
  • a public statement,

the report or public statement must not contain any material that would not be admissible in civil, criminal or disciplinary proceedings because of subsequent use of representations made by witnesses, unless the material is already in the public domain.

This does not prevent the ICAC from commenting on, or drawing inferences from, the absence of any exculpatory evidence if the ICAC could otherwise do so but for this requirement.